FAR 52.247-27 - Contract Not Affected by Oral Agreement

[JPD]

I was trained many moons ago to always include 52.247-27 (called in by 47.207-8(b)) in all requirements (services, supplies, construction). 

 

Never really thought about it but a Specialist I was training this morning noted the referencing portion comes from the Transportation part of the FAR.  

 

Since this is called in within the Transportation Part, and 47.207-8(a) references directly to transportation, does this mean 47.207-8(b) should only be referenced in the terms of transportation and for supplies being transported or do we use this in all requirements as I was trained.  

 

Sorry if this is too basic but sometimes it is nice to have feedback and thoughts from those more experienced than ones self!  

[Don Mansfield]

Did you read what is stated directly below FAR 47.207 (before the subsections begin)?

[Vern Edwards]

On 4/29/2022 at 9:28 AM, JPD said:

I was trained many moons ago to always include 52.247-27 (called in by 47.207-8(b)) in all requirements (services, supplies, construction).

Probably OJT word of mouth—training by rumor and innuendo, provided by a "professional" and accepted without question.

Trust, but verify.

[C Culham]

On 4/29/2022 at 9:28 AM, JPD said:

Since this is called in within the Transportation Part, and 47.207-8(a) references directly to transportation, does this mean 47.207-8(b) should only be referenced in the terms of transportation and for supplies being transported or do we use this in all requirements as I was trained.  

Verification would include also checking here (below) in this modern world.  While the Matrix might not always be accurate  referencing the link to the Specialist might be another way of extending the training you are providing.

https://www.acquisition.gov/far-smart-matrix

[ji20874]

JPD,

You may have unintentionally perverted the text.  You write about contracts for "transportation and for supplies being transported," but the actual text is contracts "for transportation or for transportation-related services."  These are different.  I recommend using correct language -- when correct language is used, better learning can occur.

A contract for supplies that is fixed-price f.o.b. destination (delivered price) is not a contract for transportation or for transportation-related services.  Thus, the entirety of FAR subpart 47.2 (including the clause prescriptions in 47.207-8) is inapplicable to such a contract.

[Vern Edwards]

Here's a simple rule. When researching the FAR and going to a particular part or subpart, before you read anything else read any sections entitled scope, applicability, and definitions—SAD.

Don't be sad, read SAD first.